It seems in a number of my recent conversations with a major software publisher (who has one of the most complex licensing structures going)...that they keep referencing companies that "Game the System" and what a wrong thing that is to do.
Question - when they make the rules, can you really ever "Game the System"? Don't get me wrong, we specialize in helping customers get creative with how to reduce their licensing costs for their software...but if it's allowed within their convoluted licensing terms, how can you be doing anything wrong?
Take the IRS for example (since it's April 15th), their rules are complex (far more complex than any software publisher) but they expect you to take advantage of every credit that you are entitled to through their rules. They don't call foul and say you're "Gaming the System" when you take advantage of rules that work in your favor. Why should a software publisher?
LOL - yes, I did just compare this software publisher to the IRS...LOL!
Frankly, the ones who write the rules hold the cards - if you can work within those rules and minimize your costs, who are they to complain? If they don't like it, they can change their rules.
What do you think...is it possible to "Game the System" in a negative way?
Showing posts with label negotiation. Show all posts
Showing posts with label negotiation. Show all posts
Thursday, April 15, 2010
Monday, October 19, 2009
SaaS Contracts - A function of Software Asset Management?
Earlier this month I spoke at the IAITAM conference in Nevada on the topic of Licensing Implications in the Cloud (Saas), it was a lively group and an interesting subject. However; the most interesting piece was the conversation it sparked about "Should Software Asset Management (SAM) be responsible for SaaS?".
For me the not so private laugh was the fact that several audience members asked the question right when we got to my slide asking the same question...always nice to have evidence that I do think like a SAM Manager! OK, thanks for sharing my pat on the back...
This is a topic we hear more frequently at our clients. Does subscription software such as SaaS belong under the SAM umbrella or does it belong elsewhere? Certainly businesses have used subscription software for a long time, and commonly it is not handled by IT but instead handled by the business unit that is using the service (think Payroll, HR services, etc).
I don't think there is a global answer for this, but I would urge companies to think about what's at stake if that subscription is suddenly no longer available. What happens if the provider goes out of business or the server hosting the service fails? These are examples of topics that belong in the contract signed for the service...but will a business unit necessarily think to negotiate these into the contract? How is the usage being tracked to ensure that the billing is accurate? Is the business unit going to track it or are they just going to pay the bills (start thinking telecom audit if you don't think subscription billings can be inaccurate)?
While subscription software services might not fall under the traditional SAM umbrella, it needs to fall under someone's umbrella and the SAM Manager is probably the best suited to take on the challenge.
Would love to hear other's thoughts on this...
For me the not so private laugh was the fact that several audience members asked the question right when we got to my slide asking the same question...always nice to have evidence that I do think like a SAM Manager! OK, thanks for sharing my pat on the back...
This is a topic we hear more frequently at our clients. Does subscription software such as SaaS belong under the SAM umbrella or does it belong elsewhere? Certainly businesses have used subscription software for a long time, and commonly it is not handled by IT but instead handled by the business unit that is using the service (think Payroll, HR services, etc).
I don't think there is a global answer for this, but I would urge companies to think about what's at stake if that subscription is suddenly no longer available. What happens if the provider goes out of business or the server hosting the service fails? These are examples of topics that belong in the contract signed for the service...but will a business unit necessarily think to negotiate these into the contract? How is the usage being tracked to ensure that the billing is accurate? Is the business unit going to track it or are they just going to pay the bills (start thinking telecom audit if you don't think subscription billings can be inaccurate)?
While subscription software services might not fall under the traditional SAM umbrella, it needs to fall under someone's umbrella and the SAM Manager is probably the best suited to take on the challenge.
Would love to hear other's thoughts on this...
Tuesday, June 02, 2009
Ways to Cut Costs - Software Licensing
It's funny - when times are lush, companies feel they don't have the time to put in a SAM program...when times are tight, companies feel they don't have the money to put in a SAM program.
Unfortunately, it's a Catch 22...if you had a SAM program, your staff would have more time because they would be more efficient and you'd have more money because you wouldn't be wasting it on higher maintenance fees and over priced products.
Sorry, I'm on my soapbox and I know it. Just remember, it doesn't take as much time or as much money as you think it does and the benefits far outweigh the costs.
Two recent items have come up that impact the costs of software licensing:
1) Microsoft Financing - they've just changed the rules.
2) Webinar Series "Cutting Costs - Software Negotiation"
Microsoft Financing (for those of you who didn't know it, Microsoft will finance your deals that involve purchases of Microsoft software as well as hardware and other services) has changed the rules a bit. It used to be that you didn't have to buy much software to finance your whole deal...apparently they are now going to require that at least 35% of the deal be for Microsoft software. Read the details for Scott Bekker's blog.
Webinar Series on cutting costs through software negotiations. For 10 years we've been helping our clients cut their costs (after they've already internally negotiated the deals). We're now offering a webinar to help teach you some of our techniques. This series isn't about contract law, it's about understanding the insides of the deal and turning it into cash and benefits for your company.
So, I know many of you are trying not to spend money right now on software...don't forget - those annual maintenance agreements you're paying is still spending money and many of them can still be renegotiated to lower your costs!
Unfortunately, it's a Catch 22...if you had a SAM program, your staff would have more time because they would be more efficient and you'd have more money because you wouldn't be wasting it on higher maintenance fees and over priced products.
Sorry, I'm on my soapbox and I know it. Just remember, it doesn't take as much time or as much money as you think it does and the benefits far outweigh the costs.
Two recent items have come up that impact the costs of software licensing:
1) Microsoft Financing - they've just changed the rules.
2) Webinar Series "Cutting Costs - Software Negotiation"
Microsoft Financing (for those of you who didn't know it, Microsoft will finance your deals that involve purchases of Microsoft software as well as hardware and other services) has changed the rules a bit. It used to be that you didn't have to buy much software to finance your whole deal...apparently they are now going to require that at least 35% of the deal be for Microsoft software. Read the details for Scott Bekker's blog.
Webinar Series on cutting costs through software negotiations. For 10 years we've been helping our clients cut their costs (after they've already internally negotiated the deals). We're now offering a webinar to help teach you some of our techniques. This series isn't about contract law, it's about understanding the insides of the deal and turning it into cash and benefits for your company.
So, I know many of you are trying not to spend money right now on software...don't forget - those annual maintenance agreements you're paying is still spending money and many of them can still be renegotiated to lower your costs!
Monday, October 27, 2008
Software Licensing and Tough Economies
Is your company tightening its pursestrings? Have you been told to hold off on all "unnecessary purchases" for a couple of quarters? Did your 2009 budget just go through rather drastic cuts? Have layoffs occurred or are they looming?
If you answered yes to any of the above, you're not alone. For any of us who came through the "Dot Bust" of the early 2000's (particularly in Northern California), we may remember these signs well. I remember heading into it (as a not yet 2 year old consulting business) and the phases that it went through. However; I also have worked with many businesses since and have seen the outcome of decisions they made to "save costs" that had long term negative impact.
Here are some things to think about:
1) You can't manage what you don't know. Software costs are one of the line items you're going to be watching closely - make sure you have the tools in place to tell you exactly what is being used and what you own. Then you can continue to provide your business users with the tools they need to do their job but ensure that you're not over-purchasing in this category.
2) Servers and client access licenses - get expert advice. This is consistently the area where I see costly mistakes being made, typically on the basis of relying on the knowledge of someone who doesn't keep current with publisher's product use rights. A recent half day consultation with us saved one of our clients $30,000 in server licensing costs. This is an area where it doesn't cost much to get advice that can save you a bundle!
3) Review your maintenance agreements and renewal contracts - in the past several "lush" years we've seen many clients opting for convenience over cost savings. Now that things are leaner, you might need to re-think some of your past decisions to ensure they are meeting your current goals.
4) Evaluate your reseller. Just like #3 above, are the "value added services" provided by your reseller justifying their markup on your software? This is another area where that client we mentioned in #2 received significant benefit from that consultation. They needed to change resellers and leveraged us to make the change - it resulted in $15,000 in free consulting services from us as a "thank you" from their new reseller...that's paying for them to have us manage their software license situation monthly for the next year!
5) If you're downsizing and having to "do more with less", we can ensure you still have the information you need on a monthly basis to get full value of your software assets...for a fraction of the cost of doing it internally - call or e-mail me and free up some of your staffs limited time.
These are just some suggestions, the important thing to remember is this...in times of financial hardship it is our responsibility to ensure our decisions help our companies (a) survive the downturn, and (b) are positioned to prosper immediately in the upturn.
If you answered yes to any of the above, you're not alone. For any of us who came through the "Dot Bust" of the early 2000's (particularly in Northern California), we may remember these signs well. I remember heading into it (as a not yet 2 year old consulting business) and the phases that it went through. However; I also have worked with many businesses since and have seen the outcome of decisions they made to "save costs" that had long term negative impact.
Here are some things to think about:
1) You can't manage what you don't know. Software costs are one of the line items you're going to be watching closely - make sure you have the tools in place to tell you exactly what is being used and what you own. Then you can continue to provide your business users with the tools they need to do their job but ensure that you're not over-purchasing in this category.
2) Servers and client access licenses - get expert advice. This is consistently the area where I see costly mistakes being made, typically on the basis of relying on the knowledge of someone who doesn't keep current with publisher's product use rights. A recent half day consultation with us saved one of our clients $30,000 in server licensing costs. This is an area where it doesn't cost much to get advice that can save you a bundle!
3) Review your maintenance agreements and renewal contracts - in the past several "lush" years we've seen many clients opting for convenience over cost savings. Now that things are leaner, you might need to re-think some of your past decisions to ensure they are meeting your current goals.
4) Evaluate your reseller. Just like #3 above, are the "value added services" provided by your reseller justifying their markup on your software? This is another area where that client we mentioned in #2 received significant benefit from that consultation. They needed to change resellers and leveraged us to make the change - it resulted in $15,000 in free consulting services from us as a "thank you" from their new reseller...that's paying for them to have us manage their software license situation monthly for the next year!
5) If you're downsizing and having to "do more with less", we can ensure you still have the information you need on a monthly basis to get full value of your software assets...for a fraction of the cost of doing it internally - call or e-mail me and free up some of your staffs limited time.
These are just some suggestions, the important thing to remember is this...in times of financial hardship it is our responsibility to ensure our decisions help our companies (a) survive the downturn, and (b) are positioned to prosper immediately in the upturn.
Tuesday, August 12, 2008
Do It Yourself or Have a Professional Do It For You?
Sorry I've been rather quiet the past couple of months...we've been launching a new service (or more accurately - finally marketing an old service) and that's been distracting me a bit.
What we're doing is finally offering our SAM managed services offering (LOL...OK, when we started doing this 10 years ago we were calling it Outsourcing) to all of our clients.
Basically, we do everything to give you the information you need to run your business with the appropriate software licensing at the appropriate cost. See, for us - that's easy. We live and breathe software licensing, processes, controls and negotiations. We keep up with what's going on in the marketplace, because it's our business. Typically companies (excluding large enterprises) simply can't dedicate the resources to do this in a cost efficient manner. For us to do it, the service pays for itself and you're not running the risk that you're relying on a staff member whose knowledge is from 2 versions ago.
We're not looking to replace your current staff members...we're looking to free up their time so they can focus on areas that move you forward.
However; I'm curious, what are your thoughts?...What would you want in such a service? How often would you want it? What would you want to pay for it? Would you want a service like this?
What we're doing is finally offering our SAM managed services offering (LOL...OK, when we started doing this 10 years ago we were calling it Outsourcing) to all of our clients.
Basically, we do everything to give you the information you need to run your business with the appropriate software licensing at the appropriate cost. See, for us - that's easy. We live and breathe software licensing, processes, controls and negotiations. We keep up with what's going on in the marketplace, because it's our business. Typically companies (excluding large enterprises) simply can't dedicate the resources to do this in a cost efficient manner. For us to do it, the service pays for itself and you're not running the risk that you're relying on a staff member whose knowledge is from 2 versions ago.
We're not looking to replace your current staff members...we're looking to free up their time so they can focus on areas that move you forward.
Our service has been extremely successful - we've been told by our clients that the price is attractive, the deliverables timely and needed, and the independent relationship (not the reseller, etc) extremely beneficial and ties in well with internal governance programs.
Tuesday, April 29, 2008
Here We Go Again...
Let's take a walk down memory lane....the year is 1994 and a mid-size national firm (1,200 PC's) has a new software manager who realizes that the firm needs to be buying their software on a volume license, so she starts down the path of finding out everything she needs to know to make this happen.
Since there's no one she can find who can educate her on this, she turns to her reseller...who invests a lot of time and energy into educating her. Finally, time comes to seal the deal and another reseller walks in the door and tells her a few more things that the first reseller didn't tell her....things that would have a strong impact on the financial viability of the purchase.
Time passes, this software manager continues to learn and comes to realize that there were even more things she should have been told that neither reseller told her...that money was lost on the deal because she hadn't known them when the deal was made. Unfortunately, there hadn't been anyone to advise her that didn't have a vested interest in the deal.
Fast forward to 2008, that software manager (and yes...that was me) would no longer have to rely on the advice of a reseller...there are instead a number of small Software Asset Management (SAM) consulting firms that would appropriately advise her on all important aspects of the deal - helping her make the right choice and the best deal for her business.
However; we have to be careful that this valuable source of independent information remains available to consumers.
Most major resellers are now starting up SAM consulting businesses in response to publisher requirements. Here's the problem with that...since consulting isn't the primary business line a reseller can price their consulting services at a price that an independent firm can't compete with...and the next thing you know, the only source of information for you on that major purchase is someone who has a vested interest in the outcome...
Are we coming full circle? I hope not - the reason I started my firm in 1999 was because I saw a need for companies to have someone on their side of the deal....whether it's me or another small SAM firm, I don't want companies to lose that independent perspective.
What are your thoughts?
Since there's no one she can find who can educate her on this, she turns to her reseller...who invests a lot of time and energy into educating her. Finally, time comes to seal the deal and another reseller walks in the door and tells her a few more things that the first reseller didn't tell her....things that would have a strong impact on the financial viability of the purchase.
Time passes, this software manager continues to learn and comes to realize that there were even more things she should have been told that neither reseller told her...that money was lost on the deal because she hadn't known them when the deal was made. Unfortunately, there hadn't been anyone to advise her that didn't have a vested interest in the deal.
Fast forward to 2008, that software manager (and yes...that was me) would no longer have to rely on the advice of a reseller...there are instead a number of small Software Asset Management (SAM) consulting firms that would appropriately advise her on all important aspects of the deal - helping her make the right choice and the best deal for her business.
However; we have to be careful that this valuable source of independent information remains available to consumers.
Most major resellers are now starting up SAM consulting businesses in response to publisher requirements. Here's the problem with that...since consulting isn't the primary business line a reseller can price their consulting services at a price that an independent firm can't compete with...and the next thing you know, the only source of information for you on that major purchase is someone who has a vested interest in the outcome...
Are we coming full circle? I hope not - the reason I started my firm in 1999 was because I saw a need for companies to have someone on their side of the deal....whether it's me or another small SAM firm, I don't want companies to lose that independent perspective.
What are your thoughts?
Tuesday, April 08, 2008
Realistic IT Budget Cuts and Finding More Money...
Business...it's so cyclical. We go through lush years when the primary focus is just "getting things done" and we grow fat, then we hit a slow down and we suddenly have to watch our dollars and the primary focus becomes "get it done...but don't spend any money" and we are forced on a diet.
Unfortunately, in the directive to cut costs - we don't always do it in the best fashion. There are costs you can cut in your IT budget without impacting service - they never should have been there in the first place...they came from lack of time and desire for convenience.
Where to look:
1) Software licensing agreements and maintenance plans
2) Telecommunications costs
3) Outsourcing agreements
If you don't have the talent in-house to do this, hire it out.
A reputable consultant will be able to tell you after a quick look if there is money to be saved - so you should know without incurring costs (or possibly very minimal costs) to what magnitude your savings opportunities are - they should full justify the cost of the consultant plus significant savings to your organization.
Additionally - there is money on the table when you are signing or renewing a deal. Make sure you're working with an expert who knows how to get you the most from your negotiations.
Don't wait until your budget is due to start this process...get a jump start and get it done now - you know budget time is always a crunch...
Unfortunately, in the directive to cut costs - we don't always do it in the best fashion. There are costs you can cut in your IT budget without impacting service - they never should have been there in the first place...they came from lack of time and desire for convenience.
Where to look:
1) Software licensing agreements and maintenance plans
2) Telecommunications costs
3) Outsourcing agreements
If you don't have the talent in-house to do this, hire it out.
A reputable consultant will be able to tell you after a quick look if there is money to be saved - so you should know without incurring costs (or possibly very minimal costs) to what magnitude your savings opportunities are - they should full justify the cost of the consultant plus significant savings to your organization.
Additionally - there is money on the table when you are signing or renewing a deal. Make sure you're working with an expert who knows how to get you the most from your negotiations.
Don't wait until your budget is due to start this process...get a jump start and get it done now - you know budget time is always a crunch...
Thursday, January 31, 2008
Stop wasting money on your software purchases!
LOL...OK, don't misread my title...you probably still need to spend money on software purchases - my point is, you should stop the waste that goes on in most purchases.
Are you getting the most you can out of your software purchases? I doubt it. Frankly, I've proven time and time again that companies aren't...you see, there really are "tricks" to doing this right and unless your purchasing agent has lived the experience from both the consulting and the reseller side, they're not going to know them.
A couple of examples of major savings we negotiated this past year:
Are you getting the most you can out of your software purchases? I doubt it. Frankly, I've proven time and time again that companies aren't...you see, there really are "tricks" to doing this right and unless your purchasing agent has lived the experience from both the consulting and the reseller side, they're not going to know them.
A couple of examples of major savings we negotiated this past year:
- $260,000 on a $1.6m purchase through leveraging publisher relationship
- $65,000 in free services on that same purchase through leveraging vendor relationship
- $150,000 in savings on hardware purchase associated with that same software purchase
- $180,000 in savings through education on product use rights options
- $15,000 in free services on a $200,000 purchase through leveraging vendor relationship
- $52,000 in free services on a $900k purchase through leveraging vendor relationship
- $250,000 in savings through education on product use rights options
Now, these were all fairly large purchases....but percentage wise these are still sizeable dollar savings. In all cases, these companies had saavy purchasing agents...but these are not deals those purchasing agents would have been able to negotiate. It requires someone who specializes in this industry to know the ins and outs and negotiate the best deals.
CIO Insight says 44% of the CIO's reported "cutting costs" as a top priority for 2008 (http://www.cioinsight.com/c/a/Research/Management-Priorities/).
CIO's know they are going to have to watch their spend this year...unfortunately too many assume that they're getting their best deal on their software because they've compared prices and negotiated agreements. But they don't know the money they're leaving on the table.
Call us before you make that next purchase...let us show you how much money we can save you - money you can spend on new projects rather than on just maintaining your software!
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